PRIVACY POLICY
This privacy policy is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. this privacy policy does not require any physical, electronic or digital signature.
This privacy policy is a legally binding document between you and malayaleeaano (both terms defined below). the terms of this privacy policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the 'I Accept' tab or by use or the website or by other means) and will govern the relationship between you and malayaleeaano for your use of the website (defined below).
This document is published and shall be construed in accordance with the provisions of the information technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 under information technology act, 2000; that require publishing of the privacy policy for collection, use, storage and transfer of sensitive personal data or information.
Please read this privacy policy carefully. by using the website, you indicate that you understand, agree and consent to this privacy policy. if you do not agree with the terms of this privacy policy, please do not use this website. you hereby provide your unconditional consent or agreements to malayaleeaano as provided under section 43a and section 72a of information technology act, 2000.
By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Malayaleeaano as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.
Way2happen Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively) is/are concerned about the privacy of the data and information of users (including service providers, receivers, lessor, lessee, sellers and buyers/customers whether registered or non- registered) accessing, offering, leasing, taking lease, selling or purchasing products or services on Malayaleeaano's websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with Malayaleeaano. "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.
The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Malayaleeaano and the terms "You" / "Your" / "Yourself" refer to the users. This Privacy Policy is a contract between You and the respective Malayaleeaano entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective Malayaleeaano entity and its respective Website or nature of business of the Website.
Malayaleeaano has provided this Privacy Policy to familiarize You with.
- The type of data or information that You share with or provide to Malayaleeaano and that Malayaleeaano collects from You
- The purpose for collection of such data or information from You; Malayaleeaano's information security practices and policies; and
- Malayaleeaano's policy on sharing or transferring Your data or information with third parties.
This privacy policy may be amended / updated from time to time. upon amending / updating the privacy policy, we will accordingly amend the date above. we suggest that you regularly check this privacy policy to apprise yourself of any updates. your continued use of website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this privacy policy
1. INFORMATION COLLECTED AND STORAGE OF SUCH INFORMATION
The "Information" (which shall also include data) provided by You to Malayaleeaano or collected from You by Malayaleeaano may consist of "Personal Information" and "Non-Personal Information".
1.1 Personal Information
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
- Your address,
- Your telephone number,
- Your e-mail address or other contact information,
- Your date of birth,
- Your gender,
- Information regarding your transactions on the Website, (including sales or purchase or other transaction history),
- Your financial information such as bank account information or credit card or debit card or other payment instrument details,
- Internet Protocol address,
- Any other items of 'sensitive personal data or information' as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
- Identification code of your communication device which You use to access the Website or otherwise deal with any Malayaleeaano entity,
- Any other Information that you provide during Your registration process, if any, on the Website.
Your phone number might be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our side which may include but not be limited to automated calls or text messages.The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Website.
We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third-party credit card processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information. By using this Website or the Service, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by Malayaleeaano.
Such Personal Information may be collected in various ways including during the course of You:
- Registering as a user on the Website,
- Availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, leasing, online purchase, participating in any online survey or contest, communicating with Malayaleeaano"s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
- otherwise doing transaction on the Website or otherwise dealing with any Malayaleeaano entity.
We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website or otherwise deal with any Malayaleeaano entity through social media services or when you connect any Website to social media services, you are authorizing Malayaleeaano to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
1.2 Non-Personal Information
Malayaleeaano may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Malayaleeaano to identify You personally.
This Non-Personal Information may include:
- Your geographic location,
- details of Your telecom service provider or internet service provider,
- the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
- the operating system of Your system, device and the Website You last visited before visiting the Website,
- The duration of Your stay on the Website is also stored in the session along with the date and time of Your access,
- Other information that does not identify you personally, when you register with the Website or respond to advertisements or posts on the Website or post contents on the Website without registering,
Non-Personal Information is collected through various ways such through the use of cookies. Malayaleeaano may store temporary or permanent 'cookies' on Your computer. We may use cookies to manage our users' sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the Website. We cannot control or access cookies used by third- party service providers. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties. You can erase or choose to block these cookies from Your computer. You can configure Your computer"s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website
Ads: Malayaleeaano may use third-party service providers to serve ads on Malayaleeaano's behalf across the internet and sometimes on the Website. They may collect Non- Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website.
Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.
You hereby represent to Malayaleeaano that
- the Information you provide to Malayaleeaano from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Malayaleeaano.
- Your providing the Information to Malayaleeaano and Malayaleeaano's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
Malayaleeaano and each of Malayaleeaano entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Malayaleeaano. You shall indemnify and hold harmless Malayaleeaano and each of Malayaleeaano entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
2. PURPOSE FOR COLLECTING ,USING, STORING AND PROCESSING YOUR INFORMATION
Malayaleeaano collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Malayaleeaano entities and shall include the following:
- to facilitate Your use of the Website or other services of Malayaleeaano entities;
- to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
- to provide You with information about products and services available on the Website and to send You information, materials, and offers from Malayaleeaano;
- to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
- to send You surveys and marketing communications that Malayaleeaano believes may be of interest to You;
- to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
- to help You address Your problems incurred on the Website including addressing any technical problems;
- for proper administering of the Website;
- to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
- to provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
- to facilitate various programmes and initiatives launched by Malayaleeaano or third party service providers and business associates
- to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
- to conducting academic research and surveys
- to protect the integrity of the Website;
- to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
- to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
- to permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
- to implement information security practices;
- to determine any security breaches, computer contaminant or computer virus;
- to investigate, prevent, or take action regarding illegal activities and suspected fraud,
- to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
- to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Malayaleeaano;
- to enable a potential buyer or investor to evaluate the business of Malayaleeaano(as further described in paragraph 8 of the Privacy Policy).
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Malayaleeaano entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
3. SHARING AND DISCLOSURE OF YOUR INFORMATION
- The Services are not available to You hereby unconditionally agree and permit that Malayaleeaano may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Malayaleeaano entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Malayaleeaano under applicable law.
- You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Malayaleeaano transfers Your Information to any other entity within or outside Your country of residence, Malayaleeaano will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
- Malayaleeaano may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by Malayaleeaano, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying products or availing services on Malayaleeaano. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.
- Malayaleeaano may also share Personal Information if Malayaleeaano believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
- We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
- You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
4. LINKS TO THIRD PARTY WEBSITES
- We use third-party service providers to assist us in measuring purchases and sales on our Website and generally improving our Website and to monitor our users' interests and activities. You hereby authorise Malayaleeaano and/or third party service providers engaged by Malayaleeaano to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to your use of the Website for the purpose of data analysis and for improving your experience on the Website. In addition, the Website may occasionally contain links to Third-Party Sites or provide you information in relation to services that you may avail from any third parties. Information about services that you may choose to avail from these third party service providers may be actively provided to you by Malayaleeaano in any manner including through its various marketing and communication channels. You acknowledge that this is solely undertaken by Malayaleeaano to improve your experience in relation to the use of the Website and the provision of such services shall be subject to such additional terms and conditions of Malayaleeaano and/or third party service providers. Malayaleeaano may also offer for free or for a fee, deliverables produced by third party service providers in furtherance of any services that you may have availed from these third party service providers in connection with the advertisement posted on the Website, without any obligation (monetary or otherwise) towards you. Malayaleeaano shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties. If you click on the links to Third-Party Websites, you leave the Website. We are not responsible for the content of these Third-Party Websites or for the security of your personal information when you use the Third Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. This Privacy Policy does not govern personal information provided to, stored on, or used by these third-party providers and Third-Party Sites. We recommend that when you enter a Third-Party Site, you review the Third Party Site's privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and Third-Party Websites in order to provide advertisements about goods and services of interest to you. On the Website, Google, as a third-party vendor, uses Cookies to serve ads. Google's use of the DoubleClick DART Cookie enables it to serve ads to the Website's users based on their visit to the Websites and Third-Party Websites. For more information on the DART Cookie see: http://www.google.com/privacy_ads.html. You may opt out of the use of the DART Cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html. You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Website, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and Third-Party Websites pursuant to cobranding agreements, and that it is the sole responsibility of each of those search engines, Third-Party Websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that Malayaleeaano is not liable for the information published in search results or by any Third-Party Website that carries Malayaleeaano postings.
- Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Malayaleeaano unless expressly specified on the Website.
- Malayaleeaano is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Malayaleeaano does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Malayaleeaano control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Malayaleeaano of the third party websites, the website"s provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.
5. SECURITY & RETENTION
- The security of your Personal Information is important to us. Malayaleeaano strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Malayaleeaano adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Malayaleeaano stores Your Personal Information. Each of the Malayaleeaano entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Malayaleeaano entities from any claim of damages under contract or under tort.
- If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS)..
- Malayaleeaano may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Malayaleeaano is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Malayaleeaano is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
- Notwithstanding anything contained in this Policy or elsewhere, Malayaleeaano shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
- "Force Majeure Event" shall mean any event that is beyond the reasonable control of Malayaleeaano and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Malayaleeaano), power or electricity failure or unavailability of adequate power or electricity.
- While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
- You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
6. USER DISCRETION AND OPT OUT
- You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Malayaleeaano to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Malayaleeaano entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Malayaleeaano entities nor shall contact any of Malayaleeaano entities. Further, Malayaleeaano may not deliver products to You, upon Your order, or Malayaleeaano may deny you access from using certain services offered on the Website.
- You can add or update Your Personal Information on regular basis. Kindly note that Malayaleeaano would retain Your previous Personal Information in its records.
7. GRIEVANCE OFFICER
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Malayaleeaano's Terms of Use, Term of Sale and other terms and conditions or polices of any Malayaleeaano entity, please contact the E-mail: grievanceofficer@Malayaleeaano.com
8. BUSINESS /ASSETS SALE OR TRANSFER
- Malayaleeaano may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Malayaleeaano entity will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Malayaleeaano entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9. FURTHER ACKNOWLEDGEMENTS
- is clear and easily accessible and provide statements of Malayaleeaano policies and practices with respective to the Information;
- The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Malayaleeaano or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Malayaleeaano, the vendor or the third party that may own the Marks.
- provides for the various types of personal or sensitive personal data of information to be collected;
- provides for the purposes of collection and usage of the Information;
- provides for disclosure of Information; and
- provides for reasonable security practices and procedures
10. NOTIFICATION of CHANGES
We reserve the right to change these Terms from time to time, and at our sole discretion. We may send you a notice regarding material changes to these Terms, including the Privacy Policy or the Website. You should make note of the "last updated date" at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently.
11. DISPUTES
Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law and forum.